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continue after the time provided by law for the commencement of a court in any other county of the circuit.

special or ad

may sit togeth

separately.

No causes to be

ting together.

ignated.

2. Either or both of the judges of the circuit may Judges may hold any regular, special or adjourned term of any court hold regular, therein, and when both judges shall be present at any journed terms court, they may sit together for the purpose of making when and for rules, making any appointments authorized to be made what judges of by the circuit court, assigning the business of the court to er. the respective judges, or transacting any business of the court for which it is proper in their opinion that they May hold court should sit together, or they may hold court separately, but no cause shall be tried or heard by the judges sitting tried or heard together. In a county in which the two judges shall sit by judges sitat the same time, but separately, the courts held by the respective judges, shall be designated as parts one and Courts, how destwo of the circuit court of the county, and each shall have Power, author. and exercise the same power, authority and jurisdiction ity and jurisdicas are or may be vested in circuit courts. Either of said tion vested in parts may be held by a judge of another circuit, or by another person, in any case where the circuit court of the How either parts county might be held by such judge or person if there were but one judge of the first circuit. Either of said Where held, and parts may be held at such place other than the court ty or order. house, but in the same town, as may be appointed by its order, or by warrant of both judges, or of the judge assigned to hold such part. A copy of such order or war- A copy of order rant shall be posted by the clerk at the front door of his to be posted by office, at the court house door, and at the place so appointed.

each part.

may be held.

by what author

clerk, etc.

ent.

3. The clerk of the circuit court of such last men- Clerk, duty of, tioned county shall, when not present in person, cause a when not pressuitable deputy to attend the court and each part thereof, Deputy. and shall cause proper record books to be provided and kept for cach part of the court. Rules and all orders and Rules, order and proceedings of the judges sitting or acting together shall be entered on be entered on the order book of cach part. The sheriff oder book, by. shall in person, or by deputy, attend the said court and Sheriff, attend each part thereof.

proceedings to

ance of.

nesses; ordering

4. Either part of the court may order jurors and Jurors and witwitnesses in attendance upon it to attend the other part, of. and such order may be enforced and disobedience thereof punished by either part.

How enforced.

by each judge;

5. As early as convenient in each year the judges of Courts to be held the first circuit shall designate the courts to be held by when determineach judge during the year, and the courts at which both ed. judges are to attend. Such designation shall be made in Designation of writing and a copy thereof signed by the judges shall be courts to be held sent to each clerk of a circuit court in the circuit, and by to whom sent him be entered upon his law order book. Such designa- ed.

2 Acts.

to be in writing;

and how enter

How changed

and where sent and entered.

tion may be changed during the year, both judges concurring, and a copy of the order or agreement making such change shall be sent to the clerk of each court affected thereby, and by him be entered upon his law order book. So far as consistent with the proper discharge of what designa business, such designation after the first year, shall, as to to courts, where Courts where but one judge sits, provide that cach judge one judge sits. shall hold those terms which were held by the other judge in the year next preceding.

After first year

tion to provideas

business; when and how.

Classification of 6. As soon as possible at any term during which, or part of which, the judges are to sit at the same time, but separately, they shall classify, arrange and apportion the business of such term between the parts which they are respectively to hold, and shall cause a docket of the busiMay be re-r. ness in each part to be prepared; but such apportionment ranged. may be re-arranged during the term as may be convenient When one judge for dispatch of business. Whenever either judge shall may aid in dis- not be occupied in the trial or hearing of a cause assigned ness assigned to to him, he shall as far as practicable aid in disposing of the other. the business which may have been assigned to the other Cases may be judge, to which end cases may be sent from one part of the part of court to court to the other, as the individual judges may agree and

posing of busi

Sent from one

the other.

istrate: when

ed.

direct.

Presiding mag- 7. As soon as possible after this act takes effect, and how select- and thereafter as soon as possible after the beginning of each successive full term of office, the judges shall select by lot one of their number who shall be the presiding magistrate of the circuit, and of the circuit courts held therein, for the first year of the then current term of office. The next year the other judge shall be the presiding magistrate, and so for alternate years throughout their

To alternate.

Vacancies, how provided for.

term.

8. If either judge ceases to be a judge of the circuit, the other judge shall thereupon have and exercise the powers and discharge the duties conferred upon and required of the two judges acting jointly until the vacancy is filled. If the presiding magistrate ceases to be a judge of the circuit, the other judge shall thereupon become the presiding magistrate until the vacancy is filled, when the new judge shall take the place of his predecessor and be the presiding magistrate during the years and parts of years for which such predecessor would have been presiding magistrate had he remained a judge of the circuit. Provision for ap- At any time while one judge is presiding magistrate, an other judge pre- order or appointment concurred in by both judges, may trate while one make the other judge the presiding magistrate in his holds the office. stead for a specified time, or until further order or appointment of the two judges made with like concurrence. Every selection, Every selection, order or appointment made under this pointment tobe, section, shall be entered on the law order book of each entered; where circuit court in the circuit.

pointing the

siding magis

order or ap

matters before

termined.

9. In all cases of difference between the judges as Difference as to to any matter before them jointly for determination, the judges. whether in court or not, the opinion of the presiding mag- jointly; how deistrate shall prevail, unless the matter be one as to which Opinion of prethe concurrence of both the judges is expressly required. siding magistrate to prevail; 10. Where there are two parts of the circuit court unless etc., the presiding magistrate shall hold part number one.

Presiding magistrate; what part of court to hold.

make.

11. In addition to the ordinary power of making rules, the court of any county in the first judicial circuit, Rules; power to may make such other rules not inconsistent with law, as may be proper or necessary in view of the peculiar organization of the court, and may have been concurred in by both judges of the circuit.

[Approved February 3, 1881.]

[NOTE BY THE CLERK OF THE HOUSE OF DELEGATES.]

The foregoing act takes effect from its passage, twothirds of the members elected to each House, by a vote taken by yeas and nays, having so directed.

CHAPTER III.

AN ACT to amend and re-enact chapter one hundred and twelve of the Code of West Virginia, concerning circuit

courts.

[Passed January 27, 1881.]

Be it enacted by the Legislature of West Virginia:

1. That chapter one hundred and twelve of the Code of West Virginia be, and the same is hereby amended and re-enacted, so as to read as follows:

CHAPTER CXII.

OF THE CIRCUIT COURTS.

Of the Circuits, and the re-arrangement thereof.

Code amended.

ment of.

1. The judicial circuits, as prescribed by section thirteen Judicial cirof article eight of the Constitution of this State as amend-cuits; arrangeed, shall be and remain as so prescribed until re-arranged by the Legislature in pursuance of section fourteen of said article eight.

Jurisdiction of Circuit Courts.

2. The circuit court shall have the supervision and control of all proceedings before justices and other infe- Jurisdiction.

Powers and duties.

Original and general jurisdiction.

rior tribunals, by mandamus, prohibition and certiorari. They shall, except in cases contined exclusively by the Constitution to some other tribunal, have original and general jurisdiction of all matters at law, where the amount in controversy, exclusive of interest, exceeds fifty dollars; of all cases of habeas corpus, mandamus, quo warranto and prohibition; and of all cases in equity, and of all crimes and misdemeanors. They shall have appellate Appellate juris- jurisdiction in all cases, civil and criminal, where an appeal, writ of error or supersedas may be allowed to the judgment or proceedings of any inferior tribunal. They shall also have such other jurisdiction, whether supervisory, original, appellate or concurrent, as is or may be prescribed by law.

diction.

To have such other jurisdiction as may be prescribed by

law.*

Regular terms;

Regular Terms-Judge of one Circuit may hold Court in another.

3. There shall be at least three terms of the circuit three each year. court every year in each county, commencing at such times as may be prescribed by law. A judge of one circuit may, by arrangement with the judge of any other another; when. circuit, or when the office of judge in any other circuit is vacant, hold the courts in any such circuit.

Judge of one circuit may hold court in

Adjourned terms; when

and how held.

Cases not disposed of to stand continued.

Jury summoned may be required to attend, or a new jury be drawn.

Adjourned Terms.

4. If any term of a circuit court is about to end without dispatching all its business, the judge thereof may, by an order entered of record, adjourn the holding of such court to any future day on which he is not required by law to hold a court in some other county; and all causes on the docket of said court, and not otherwise disposed of, shall stand continued to such adjourned day. The court may, in its discretion, require the jury summoned to attend such term, to attend as such on the ad journed day, or may require a new jury to be drawn and summoned in the manner required by law; and all witnesses summoned to attend in causes so continued to such adjourned term, are required to attend said term without before or during being again summoned. All judgments, orders and decrees, rendered and made by such court before or during adjourns to a the day on which said court adjourns to such future day, of full force and as aforesaid, shall have the same force and effect in all respects as if said court had finally adjourned on that day. Special Terms.

Witnesses to attend without being again summoned. Judgments,

orders and de

crees rendered

the day on

which court

future day, to be

effect.

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Special term; 5. If any term of such court has ended without disWhen held and patching all its business, or if there be a failure to hold any term, the judge of the circuit may, by a warrant directed to the clerk, appoint a special term thereof and prescribe in such warrant whether a grand or petit jury is to be summoned to attend such term. The clerk shall enter the warrant in the order book of the court and inform the

Grand and petit

jury.

Clerk; duty of

as to such terms.

prosecuting attorney and the sheriff of such appointment, post a copy of the warrant at the door of the court house, and issue all proper process returnable to such special term; and the sheriff shall execute such process, and sum- Sheriff; duty of. mon a grand or petit jury, or both, as may be prescribed in the warrant.

special term.

When and how.

6. Whenever any judge of a circuit court shall have Adjournment of appointed a special term of any circuit court in the manner directed by the preceding section, and shall afterwards ascertain that he cannot hold the said special term on the day appointed for it, he may, by warrant under his hand, directed to the clerk of the court, adjourn it to such other day as he may deem proper. Such warrant shall be trans warrant for mitted by the judge to the clerk, who shall immediately special term; duty of judge enter the said warrant in the order book of the court, and and clerk as to. as to the said special term thereafter to be held under the said continuance, proceed in all other respects in the manner directed by the section aforesaid.

trial of prison

7. Whenever the situation of a prisoner confined in Special term for jail for trial in a circuit court makes it proper that his case es confined in should be disposed of before the next regular term there- jail.

of, the judge of such court may appoint a special term to How appointed. be holden for the trial of the case, in the same manner as

if the same had stood for trial at the next preceding term,

and the court had adjourned without disposing thereof.

term.

8. Any cause, civil or criminal, and any motion or What cases proceeding ready for trial or hearing may be tried, heard heard at special and determined at any such special term, the same as if it were a regular term of such court. Every such special teria may be held by the judge of the circuit, or, if he be By whom held. dead or absent, by any other circuit judge who may be present; and it may be held part of its session by one judge and part by another; and such special terms may May adjourn be adjourned from time to time during the intervals be- from time to tween the regular terms as the judge may deem necessary interfere with for the dispatch of the business of the court.

Residence of Judges.

time, but not

regular terms.

9. Each circuit judge, during his continuance in office, Residence of shall reside in the circuit for which he was elected.

Orders Made in Vacation, &c.

judges.

certifled to

10. All orders and decrees made by a judge out of Orders made court in a cause pending in court shall be certified by him out of court to to the clerk of the court in which the same is pending, and recorded by and be entered by such clerk in the proper order book.

Election of Judge by Members of the Bar; When.

11. When for any cause the judge of a circuit court shall fail to attend and hold the same, either at the com

the clerk.

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